Marty,
You posit two potential requirements: the government requires the employer to
provide the information or the government requires the employee to provide the
information. Those raise different issues, don't they?
I haven't had time to follow these most recent list exchanges in detail but
Let me try out another hypo, closer to the facts of Zubik, to see what
people's reactions are. As I understand it, what the government and Doug
are proposing is that the Court establish another bright-line rule, akin to
the one the Court developed in *Bowen *and *Lyng*, excluding a certain
categor